Hazhar Aziz Surme Kurds, Genocide, Annihilation, and the Stance of International Law Some Exemplary References in a Brief Study 2 Lawyer Hazhar Aziz Surme
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Hazhar Aziz Surme Kurds, Genocide, Annihilation, and the Stance of International Law Some exemplary references in a brief study 2 Lawyer Hazhar Aziz Surme Kurds, Genocide, Annihilation, and the Stance of International Law Some exemplary references in a brief study Translated by: Amiral Ibrahim Abdul-Rahman Edited by: Suzanne DeRouen Kurdistan 2009 A Publication of the Kurdish Globe Paper Lawyer Hazhar Aziz Surme Kurds, Genocide, Annihilation, and the Stance of International Law Some exemplary references in a brief study Translated by: Amiral Ibrahim Abdul-Rahman Edited by: Suzanne DeRouen Cover and interior Design by: Shkar Naqshbandi Sketch by: Ali Darwesh (Bamo) Print permit number: Number of prints: 1000 Copy 1st edition Kurdistan-2009 Rozh-Halat Print House In the name of Allah, Most Gracious, Most Merciful Our Lord! Condemn us not if we forget or fall into error. Sura “The Cow” Verse 286 6 This book is dedicated to: My mother's immortal soul. The high soaring souls of the martyrs of the Kurdish nation. Advocates and attorneys of human rights wherever they are. Those who made sacrifices and paid the price for saying "No." Those who sincerely care about peace, toler- ance, and security of world nations. Honesty…innocence…unselfishness. To each and every one, from the Kurdish multimillion mass exodus of spring 1991, who almost naked and starved, said: “I am not a refugee; it is my homeland and I am just marching in it.” 7 8 My dear friend, Mamosta Hazhar Greetings, I received your letter and its attachment. I would like to thank you for your friendly feel- ings. I wish you all the success. My dear brother, I have read and evaluated your research entitled “Kurds, Genocide, Annihila- tion, and the Stance of International Law.” I would like to assure you that it is a compre- hensive and important study conducted in a pure Kurdish language. It is a job well done and I congratulate you for that. Undoubtedly we, the Kurds, need these kinds of studies more than other nations do as we have long been the victims of genocide and oppression. I hope this book will soon be printed and an- other important part of the Kurdish library. Sincerely yours, Saadi Barzinji Erbil 9 10 Preface To write about the annihilation and the extermi- nation of an authentic and indigenous nation like the Kurds would take a righteous and human- rights activist forever, let alone an individual of the nation in question. It is a subject that is as clear as daylight and cannot be argued. It is possible that there are people who might question the reasons and motives that have urged me to select this subject for my study. It could be wondered what stirred up my feelings and led me to realistically record some images of a scene in which my nation is being wiped out. Per what my family has narrated to me and what I have experienced, our house has been set on fire, looted, destroyed twice by the mercenaries and henchmen of the former Iraqi regime--once in 1962 and the second time in 1967. Moreover, in their second raid, they martyred my brother Handren by cutting his stomach open with the bayonet of an AK-47 rifle as retribution for my 11 father's being a Peshmarga (Kurdish guerrilla) and his participation in the Aylool (September) Revolution that resisted the annihilation of the Kurdish people. Moreover, from 1966 and through 1970, the mer- cenaries launched a relentless psychological war against us through raids and break-ins, and tried to take us hostage or take our lives and therefore we were constantly moving from place to place in order to take over. Although the leader of the Kurdish revolution, Mala Mustafa Barzani, entered a peace agree- ment with the former Iraqi regime on 11/3/1970, the regime attempted one of its ugliest plots to assassinate Barzani for being the leader and rep- resentative of the Kurds. Even if the plan was to murder Barzani as an individual, it would none- theless have been an attempted crime against hu- manity. When the former Iraqi regime was not willing to recognize even the minimum of the legitimate rights of Kurds in 1974, I was under the age of 10. Subsequently, the government fiercely at- tacked the Kurds. I clearly remember when we ran for our lives and took cover in the mountains 12 and narrow and small caves, fearing the jet planes and the bombardment of the regime. The floor and walls of these caves were wet and con- tained holes and cracks of all kinds of creatures and insects such as scorpions and snakes. Several families had to squeeze into one cave, and people had to take turns sleeping. The government did not hesitate to deploy all kinds of weaponry it had against the people of Kurdistan. The rumor among schoolchildren was that countries like India, France, and Russia pro- vided the government with toy-like mines and explosives to ensnare them. Because of frequent cases of raids and air attacks, we were disrupted from school and had to wait for our own death. We witnessed the killing of many of our dear ones--the barbaric massacre that government forces conducted against the Kurds on Galala Bridge is only one of the many savage attacks that cannot be forgotten. At the height of the war of elimination by the gov- ernment of Iraq and the resistance by the Kurds, the Kurdish revolution managed to obtain the sup- port of Iran to provide shelter for families and children. Without any refugee rights whatsoever, we resorted to Iran to experience life in refugee 13 camps and education in shacks made of straw. To boost our morale, the teachers tried to comfort us by reminding us of the situation of the Palestin- ians and how they still carried the key to their houses, hoping that one day they could return home and open the gates to their houses again. We too had our keys with us, but we were still in exile when we heard the news that our homes and libraries back in Galala had been demolished by the hatred and bombs of the regime, and thus there were no doors left for our keys to open. In one way or another, this experience helped me realize the chauvinistic approach taken by the Ba'ath Party of the former Iraqi regime against the Kurdish people. As a child, I knew what hap- pened to us was not fair but I did not know how to describe the situation. Eventually, I began writing poetry about our lives. My surroundings gradually taught me why we were there: The Ba'ath Party wanted to eliminate the Kurds. Back then I only had a little understanding of the meaning and implications of the elimination the government had embarked upon against my peo- ple. Only then did I realize the seriousness of the whole situation when my people came under chemical bombardment, deportation, Anfal and 14 mass executions--developments that urged me to research the subject further. And thus, out of his- torical and ethical commitment, I wrote numer- ous short studies and research on the issue of hu- man rights and the rights of the Kurdish individual, including "Kurds, Genocide, Annihi- lation, and the Stance of International Law." However, early in 1995 after our houses and li- braries were looted in the appalling civil war, I lost all of my research and I had to resume my work. I looked for resources here and there. Undoubtedly, research into the crimes of the for- mer Iraqi president and his henchmen against the people of Kurdistan is the work of many experts and specialists, and documenting facts on these crimes can take hundreds of textbooks and vol- umes. As far as I am concerned, I have tried to focus on genocide as my subject matter, and I have managed to record some examples of this vicious atrocity against the people of Kurdistan. And thus, I have divided my research into six chapters: Chapter I: The Phenomenon and Implications of Gen- ocide as an International Crime Chapter II: Genocide in Its Wider Sense: Patterns of Elimination 15 Chapter III: The Plan, Methods, and Players of Geno- cide Chapter IV: The Trial and Punishment of the Regime: How? Chapter V: Genocide and the Principles of the Extra- dition of Criminals Chapter VI: Nonprescription Rule Applies to the Crime of Genocide Irrespective of the Date of Its Commission In order to help readers with the subject matter, the index of this book contains references to some international treaties, some unjust resolu- tions by the former Iraqi regime, a list of Kurdish villages and towns that were gassed, and torture methods used by the former Iraqi regime against Kurdish detainees. I hope that with this research I have been able to give due respect to the victims and martyrs of my country and advocated for the issue of human rights in general. Permam Resort 1996 16 Chapter I The Phenomenon and Implications of Genocide as an International Crime 17 Chapter I The Phenomenon and Implications of Genocide as an International Crime Before we enter the depth of the subject matter, I believe it is necessary we shed light on the term genocide, its history, and its position among oth- er types of crimes against humanity. For thou- sands of years throughout the history of mankind, this atrocity has been committed by dictators, ag- gressors, and criminals. Unfortunately, the histo- ry of Kurdish people has had the lion's share of this barbaric act.